Migration Regulations 1994 - Specification of a Class of Persons - IMMI 12/127 F2023C00478 — as made — Status: Current — Made/registered 2023-06-01 — https://www.legislation.gov.au/F2023C00478/latest/text This is the as-made (original) text, reproduced from the Federal Register of Legislation (legislation.gov.au) under CC BY 4.0. For amended instruments the current compilation may differ; confirm against the official source. Migration Regulations 1994 - Specification of a Class of Persons - IMMI 12/127 made under the Migration Regulations 1994 Compilation no. 1 Compilation date 1 June 2023 This compilation was prepared by the Department of Home Affairs on 1 June 2023 taking into account amendments up to Migration (Class of Persons) Amendment Instrument (LIN 23/046) 2023. I, CHRIS BOWEN, Minister for Immigration and Citizenship, acting under paragraphs 200.211(1A)(a) and 201.211(1A)(a) of Schedule 2 to the Migration Regulations 1994 (‘the Regulations’), having consulted as required under subclauses 200.211(1B) and 201.211(1B):  2. SPECIFY all non-citizens who have been assessed to be at risk of harm as a result of their employment with: (a) the Department of Foreign Affairs and Trade (DFAT) in the Australian Embassy in Baghdad in Iraq since 1 May 2003; or (b) between 17 March 2003 and 15 May 2009:  (i) were employed in a private civilian capacity by the Australian Defence Force (ADF) in Iraq; or  (ii) were employed or worked collaboratively in a private civilian capacity with the Australian Defence Force in Iraq with the: (i) Overwatch Battle Group (West); or (ii) Australian Army Training Team  and who have: (i)                 ceased employment with, or who have ceased working collaboratively with, the Australian Defence Force; and (ii)               sought certification from the Minister of Defence on or before 15 May 2009; and (iii)            who have applied for a class XB (Refugee and Humanitarian) visa on or before 31 December 2009; or who (c) any time after 15 May 2009 have been employed in a private civilian capacity in the Australian Defence Force in Iraq   as a class of persons for the purposes of subclauses 200.211(1A) and 201.211(1A).  3. SPECIFY that for the purpose of subclauses 200.211(1A) and 201.211(1A) a class of persons are all non-citizens employed with the Department of Foreign Affairs and Trade (DFAT), the Australian Defence Force (ADF), the Australian Agency for International Development (AusAID) or the Australian Federal Police (AFP): (a) who have been assessed as being at risk of harm as a result of their support to Australia’s whole of Government mission in Afghanistan due to their role, location, employment period and currency of employment; including:  (i) interpreters in Uruzgan Province in positions funded by DFAT; or  (ii) interpreters or instructors employed with the ADF or AFP; or  (iii) project, facilities management and advisory staff in the Provincial Reconstruction Team in Uruzgan on behalf of AusAID and/or DFAT; or  (iv) a person who is able to satisfy the relevant agency Minister that exceptional circumstances exist for that Minister to certify that the non-citizen is in that class of persons; and (c) are not nationals or citizens of another country other than Afghanistan; and  4. A class of persons under paragraph 3 must have sought to be certified by the relevant agency Minister under paragraph 200.211(1A)(b) or 201.211(1A)(b):  (i) within six months of ceasing employment; or  (ii) in the case of a locally engaged employee who has ceased employment on or after 1 January 2012, before 30 June 2013; or  (iii) where the relevant agency Minister is satisfied that exceptional circumstances exist— until 30 November 2023.. Notes This compilation comprises Migration Regulations 1994 - Specification of a Class of Persons - IMMI 12/127 amended as indicated in the following tables. Table of instruments Name Registration Number Commencement Application, saving or transitional provisions Migration Regulations 1994 - Specification of a Class of Persons - IMMI 12/127 20 December 2012 F2012L02566 1 January 2013 – Migration (Class of Persons) Amendment Instrument (LIN 23/046) 2023 31 May 2023 F2023L00656 1 June 2023 – Table of amendments ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted Provision affected How affected s.1.................. rep. Legislation Act 2003, s. 48C [auto repeal of repeal provision] s 2.................. am. F2023L00656 s.3.................. am. F2023L00656 last sentence........... rep. Legislation Act 2003, s. 48D [auto repeal of commencement provision]